Fla. man exonerated after 35 years behind bars

[devilgrrl]

I can only imagine how many would have called for this man's head had the incident he was convicted of taken place the past few years.

Death Penalty this! :nuke:



Fla. man exonerated after 35 years behind bars

BARTOW, Fla. (AP) — James Bain used a cell phone for the first time Thursday, calling his elderly mother to tell her he had been freed after 35 years behind bars for a crime he did not commit.

Mobile devices didn't exist in 1974, the year he was sentenced to life in prison for kidnapping a 9-year-old boy and raping him in a nearby field.

Neither did the sophisticated DNA testing that officials more recently used to determine he could not have been the rapist.

"Nothing can replace the years Jamie has lost," said Seth Miller, a lawyer for the Florida Innocence Project, which helped Bain win freedom. "Today is a day of renewal."

Bain spent more time in prison than any of the 246 inmates previously exonerated by DNA evidence nationwide, according to the project. The longest-serving before him was James Lee Woodward of Dallas, who was released last year after spending more than 27 years in prison for a murder he did not commit.

As Bain walked out of the Polk County courthouse Thursday, wearing a black T-shirt that said "not guilty," he spoke of his deep faith and said he does not harbor any anger.

"No, I'm not angry," he said. "Because I've got God."

The 54-year-old said he looks forward to eating fried turkey and drinking Dr Pepper. He said he also hopes to go back to school.

Friends and family surrounded him as he left the courthouse after Judge James Yancey ordered him freed. His 77-year-old mother, who is in poor health, preferred to wait for him at home. With a broad smile, he said he looks forward to spending time with her and the rest of his family.

"That's the most important thing in my life right now, besides God," he said.

Earlier, the courtroom erupted in applause after Yancey ruled.

"Mr. Bain, I'm now signing the order," Yancey said. "You're a free man. Congratulations."

more: http://enews.earthlink.net/article/us?guid=20091217/ab669ad6-8e05-4b12-8dc8-a07b17ab42a6

[Iggo]

1. See? The system works! No harm, no foul.

[TheWraith]

2. I hope to hell you're making a joke.

It feels like it is, but I've seen too many DUers say remarkably crazy things to be absolutely sure.

[EOTE]

3. I've heard similarly insane remarks.

Even on DU, and they weren't making a joke. DP proponents when faced with a list of last minute exonerations of people found to be innocent, I'd get in response a reply very similar to the one above. As if the DP is flawless and never would the exoneration come too late, it always comes just in time like in the movies. Some of them are seriously delusional.

[Iggo]

4. No death penalty...ever.

My position is "If killing is wrong, then killing is wrong" and I ain't budging no way no how. Not up for debate.

EDIT: I was hoping it was obvious that no one, not even the staunchest death supporters, would think that 35 years behind bars was "no harm".

[change_notfinetuning]

5. How long has this "sophisticated DNA" been available? That's the real

question. That technology should be employed in every single case where we have the ability to prove or disprove their innocence. Keeping people in prison when we know, or could know, that they are innocent should be a crime in itself. That one, we are all guilty of. And, for those who have been executed, we are collectively guilty of murder. Nothing less.